4,169 cases digested at 24 Feb

Category Archives: s. 184

CRIMINAL LAW – particular offences – offences against the person – murder – trial by judge alone – consideration of the affirmative defence of mental illness – accused did physical act – accused suffering from disease of the mind that led to a defect of reason – accused did not appreciate the moral wrongfulness of his act – verdict not guilty on the ground of mental illness

CRIMINAL LAW – Using false document – accused provides quotation to insurance company in name of third-party for work done by himself
CRIMINAL LAW – Attempting to obtain financial advantage by deception – accused provides invoice to insurance company in name of third-party for work done by himself

“6. There was no cross-examination of any of the witnesses. All the statements were tendered without objection. The Crown and the defence agreed to waive the rules of evidence. Section 184 of the Evidence Act 1995 permits an accused in a criminal proceeding to admit a matter of fact or to give a consent “if advised to do so by his or her lawyer”. Section 190 of the Evidence Act permits the rules of evidence to be waived; however the defendant’s consent in criminal proceedings is not effective unless the defendant has been advised to consent by his or her lawyer. Mr Winch, who appeared for the accused, confirmed that he had given him the requisite advice. The procedure adopted is not inconsistent with s 21(1) of the Mental Health (Forensic Provisions) Act: R v Zvonaric [2001] NSWCCA 505; 54 NSWLR 1 at 6 [15]- [18], per Spigelman CJ, with whom Sully J agreed.”

DEFENCE AND WAR – appeal against service conviction by General Court Martial on ground that conviction unsafe or unsatisfactory – defences of involuntary intoxication and honest and reasonable mistake pursuant to Criminal Code 1995 (Cth) clearly raised by the evidence – only defence of honest and reasonable mistake raised at trial – submissions invited on question of involuntary intoxication on appeal – prosecution did not discharge onus of proof beyond reasonable doubt – whether appellant was conformably charged with offence under the Defence Force Discipline Act 1982 (Cth) (“the Act”) – proper construction of procedural steps pursuant to s 87 of the Act to be taken in charging person with service offence – powers of Director under the Act to be widely construed – intention of Act to grant independent statutory discretion to Director in prosecuting service offences – appellant charged conformably with the Act

criminal trial
jury
unlawful administration and supply of drug to procure miscarriage
manslaughter
interlocutory rulings on questions of evidence
whether Crown ought be permitted during opening to provide contentions of law in writing
construction of “unlawfully” in Crimes Act 1990 s83
proportionality
test of proportionality objective
manslaughter by criminal negligence
duty of care to child once born alive
unfavourable witnesses
evidence relevant to credibility of accused and to asserted facts
Crown permitted to cross examine prosecution witnesses
evidence of medical opinion as to whether baby born alive
whether expertise established
use of medical report prepared for Health Care Complaints Commission
whether evidence from report admissible
evidence of medical practitioner admissible
whether disclosure of report unlawful
consciousness of guilt
conduct of counsel in trial not available to be used to found inference that instructions to counsel reflected a consciousness of guilt
discharge of one juror on medical evidence
order that trial proceed with jury of eleven